RULES   AND  DIRECTIONS 


POR 


JP  K  (>  C  K  K  D  1  N  Gh  8 


IN      THE 


CONFEDERATE  STATES 


PATENT   OFFK   K 


RICH  M  0  2S  J) : 
l-NqaiRER    BOOK    AND    JOB    PRESS. 

FT  TTt.BR,  WISK,  ALLRQltK  *  awiTR. 

1S61.  j 


IIULES  AND  DIRECTIONS 


FOR 


FROCEEDIISTG^S 


IN      THE 


CONFEDERiTE   STATES 


PATENT  OFFICE. 


RICHMOND: 

ENQUIRER    BOOK    AND    JOB    PRESS. 

BY  TYLER,  WISE,  ALLEQRE  i  SUITH. 
1S61. 


U.K. 


IIULES  AND  DIRECTIONS. 


The  followinf]^  information  and  re f]^ illations  are 
mainly  intended  for  the  benefit  of  persons  having 
business  with  the  Patent  Office.  They  are  designed 
to  be  in  strict  accordance  with  the  act  of  Congress 
of  May  21st,  1861  : 

WHO  IS  ENTITLED  TO  A  PATENT. 

1.  Any  citizen  of  the  Confederate  States,  or  alien, 
provided  the  Government  of  the  latter  has  recognized 
the  independence  of  the  Confederate  States,  and  is 
at  the  time  in  amity  with  them,  may  obtain  a  patent 
for  any  invention  or  improvement  made  by  him  that 
is  new  and  useful. 

2.  The  assignee  of  any  invention  may  have  the 
patent  issue  to  him  directly ;  but  this  is  held  to  apply 
only  to  assigness  of  entire  interests  ;  so  that  although 
when  the  inventor  assigns  his  entire  interest  to  two 
or  more  a  patent  will  issue  to  them  jointly,  still  if 
he  yet  retains  a  portion  in  himself,  a  joint  patent 
.will  not  be  issued  to  him  and  them. 

3.  In  case  of  the  death  of  the  inventor,  the  patent 
will  issue  to  his  legal  representives.     (Sec.   9.) 


4.  Joint  inventors  are  entitled  to  a  joint  patent ; 
but  neither  can  claim  one  separately. 

5.  If  the  inventor  be  a  slave,  his  master  may 
make  the  oath  in  his  stead ;  and,  on  complying  with 
the  requisites  of  the  law,  may  obtain  a  patent. 

OF  PATENTS  GRANTED  BY  TILE  UNITED  STATES. 

6.  Patents  granted  to  citizens  of  the  Confederate 
States  by  the  United  States,  prior  to  the  21st  of  May, 
1861,  may  be  revived  and  continued  in  force  for  the 
term  for  which  they  were  issued  yet  unexpired,  by 
having  them  recorded  in  this  office  within  nine  months 
from  the  publication  of  the  patent  law,  namely  :  the 
28th  day  of  May,  1861.     (Sec.  49.) 

The  holders  of  such  patents  are,  however,  required, 
in  order  to  entitle  themselves  to  the  benefit  of  this 
section  of  the  law,  to  pay  a  duty  of  twenty  dollars, 
the  cost  of  recording,  at  the  rate  of  ten  cents  per 
every  hundred  words,  and  to  deposit  such  descriptive 
drawings,  and  a  model  also,  if  necessary,  as  will  ex- 
plain and  identify  the  inventions  covered  by  the  pa- 
tent. 

The  drawing  should  be  a  copy  of  that  annexed  to 
the  patent,  and  on  thick  drawing  paper. 

It  must  be  understood  that  this  provision  of  the 
law  does  not  apply  to  patents  that  have  been  extended 
beyond  the  term  of  fourteen  years  by  the  United 


States  Government.  An  extended  patent  cannot  be 
revived. 

It  is  recommended  to  those  who  desire  to  revive 
their  patents,  that  no  time  be  lost  in  fulfilling  the 
conditions  above  indicated. 

As  soon  as  they  are  recorded,  the  patents  placed 
in  this  office  for  that  purpose  will  be  returned  to  the 
owners  thereof,  certified  as  the  law  directs. 

WHAT    WILL   PREVENT    THE  GRANT  OF  A 
PATENT. 

7.  Even  although  the  applicant  has,  in  good  faith, 
actually  made  an  invention,  a  patent  therefor  will 
not  be  granted  him,  if  the  whole  or  any  part  of  what 
he  claims  as  new  had  before  been  patented  or  described 
in  any  printed  publication  in  this  or  any  foreign 
country  ;  or  even  if  it  had  before  been  invented  or 
discovered  in  this  country ;  or  if  he  has  once  aban- 
doned his  invention  to  the  public ;  or  if  with  his 
consent  and  allowance,  it  has  been  for  more  than 
two  years  in  public  use  or  on  sale.     (Sees.  6  and  7.) 

8.  The  mere  fact  of  prior  invention  or  discovery 
abroad  will  not  prevent  the  issue  of  the  patent,  un- 
less the  invention  had  been  there  patented  or  de- 
scribed in  some  printed  publication  ;  nor  will  the 
procurement  of  a  patent  by  any  individual  in  a  for- 
eign country  and  the  publication  of  the  same,  defeat 


ti  /\0  <^  ri  A 


his  application  for  a  patent  in   this  country,  if  his 
specifications  and  drawings  shall  be  filed  within  six 
months  after    the    date   of   said   foreign  patent. — 
(Sec.  8.) 
MODE  OF  PROCEEDINGS  TO  OBTAIN  A  PATENT. 

9.  The  application  must  be  made  by  the  actual 
inventor,  if  alive — unless  he  be  a  slave — even 
though  the  patent  is  to  issue  to  the  asignee ;  but 
where  the  inventor  is  dead,  the  application  and 
oath  may  be  made  by  the  legal  representive. — 
(Sec.  9.) 

10.  The  application  must  be  in  writing,  signed 
by  the  applicant,  and  addressed  to  the  Commission- 
er of  Patents. 

The  following,  varied  according  to  circumstances, 
will  answer  the  purpose. 

PETITION. 
To  the  Commissioner  of  Patents  : 

The  petition  of  John  Smith,  of  Mobile,  county  of 
Mobile,  and  State  of  Alabama, 

Respectfully  rej^resents^  that  your  petitioner  has  in- 
vented a  new  and  improved  mode  of  preserving 
meats,  which  he  verily  believes  has  not  been  known 
or  used  prior  to  the  invention  thereof  by  your  peti- 
tioner.    He  therefore  prays  that  letters  patent  of 


the  Confederate  States  may  be  granted  to  him  there- 
for, vesting  in  him  and  his  legal  representatives  the 
exclusive  right  to  the  same,  upon  the  terms  and  con- 
ditions expressed  in  the  act  of  Congress,  in  that 
case  made  and  provided ;  he  having  paid  twenty  dol- 
lars into  the  Treasury,  and  complied  with  the  other 
provisions  of  said  act.  John  Smith. 

SPECIFICATION. 

11.  The  applicant  must  set  forth  in  his  specifica- 
tion the  precise  invention  for  which  he  claims  a  pa- 
tent. If  claimed  as  a  mere  improvement  on  another 
invention,  that  fact  should  be  clearly  stated ;  and  if 
claimed  as  substantially  differing  from  another  in- 
vention with  wdiich  it  appears  to  be  coincident,  the 
difference  must  be  clearly  pointed  out. 

12.  Two  or  more  machines  will  not  be  allowed  to 
be  the  subject  of  one  patent,  unless  connected  in 
their  design  and  operation. 

13.  The  specifications  must  be  signed  by  the  in- 
ventor (or  by  his  executor  or  administrator^  if  the 
inventor  be  dead,  or  by  his  master  if  he  be  a  slave). 
It  should  describe  the  sections  of  the  drawings — 
where  there  are  drawings — and  refer  by  letters  and 
figures  to  the  different  parts.  The  following  may 
be  taken  as  a  proper  form : 


To  all  whom  it  may  concern  : 

Be  it  known,  That  I,  James  Jones,  of  Richmond, 
in  the  county  of  Henrico,  in  the  State  of  Virginia, 
have  invented  a  new  and  improved  mode  of  prevent- 
ing the  explosion  of  steam  boilers ;  and  I  do  hereby 
declare  that  the  following  is  a  full  and  exact  descrip- 
tion thereof,  reference  being  had  to  the  accompany- 
ing drawings,  which  make  a  part  hereof,  and  to 
the  letters  of  reference  marked  thereon.  The  na- 
ture of  my  invention  consists  in  providing  the 
upper  part  of  a  steam  boiler  with  an  aperture  in 
addition  to  that  for  the  safety  valve ;  which  aper- 
ture is  to  be  closed  by  a  plug  or  disk  of  alloy,  which 
will  fuse  at  any  given  degree  of  heat,  and  permit 
the  steam  to  escape,  should  the  safety  valve  fail  to 
perform  its  functions. 

To  enable  others  skilled  in  the  art  to  make  and 
use  my  invention,  I  will  proceed  to  describe  its 
construction  and  operation.  I  construct  my  boiler 
in  any  of  the  usual  forms,  and  apply  thereto  gauge 
cocks,  a  safety  valve,  and  the  other  appendages  of 
such  boilers;  but  in  order  to  obviate  the  danger 
arising  from  the  adhesion  of  the  safety  valve,  and 
from  other  causes,  1  make  a  second  opening  in  the 
top  of  the  boiler,  similar  to  that  made  for  the  safety 
valve,  as  shown  at  A,  in  tke  accompanying  draw- 


9 

ing ;  and  m  this  opening  I  insert  a  plug  or  disk  of 
fusible  alloy,  securing  it  in  its  place  by  a  metal 
ring  and  screws,  or  otherwise.  This  fusible  metal 
I  in  general  compose  of  a  mixture  of  lead,  tin  and 
bismuth,  in  such  proportions  as  will  insure  its  melt- 
ing at  a  given  temperature,  which  must  be  that  to 
which  it  is  intended  to  limit  the  steam ;  and  will 
of  course  vary  with  the  pressure  the  boiler  is  in- 
tended to  sustain. 

I  surround  the  opening  containing  the  fusible  al- 
loy by  a  tube  B,  intended  to  conduct  off  any  steam 
that  may  be  discharged  therefrom.  When  the  tem- 
perature of  the  steam  in  the  boiler  rises  to  its  as- 
signed limit,  the  fusible  alloy  will  melt  and  allow 
the  steam  to  escape  freely,  thereby  securing  the 
boiler  from  all  danger  of  explosion.  What  I  claim 
as  my  invention,  and  desire  to  secure  by  letters  pa- 
tent, is  the  application  to  steam  boilers  of  a  fusible 
alloy,  which  will  melt  at  a  given  temperature,  and 
allow  the  steam  to  escape,  as  herein  described, 
using  for  that  purpose  the  aforesaid  metalic  com- 
pound, or  any  other  substantially  the  same,  and 
which  will  produce  the  intended  effect. 

James  Jones. 
Witnesses : 

RoBT.  Fulton. 
Oliver  Evans. 


10 

When  the  application  is  for  a  machine,  the  speci- 
fication should  commence  thus  : 

Be  it  known,  That  I,  ,  of 

in  the  county  of 
and  State  of  ,  have  invented  a 

new  and  useful  machine  for  (state  the  use  and  title, 
of  the  machine  ;  and  if  the  application  is  for  an  im- 
provement, it  should  read  thus :  a  new  and  useful 
improvement  on  a,  or  on  the  machine,  &c.,  &c.,) :  and 
I  do  hereby  declare  that  the  following  is  a  full,  clear 
and  exact  description  of  the  construction  and  opera- 
tion of  the  same,  reference  being  had  to  the  annexed 
drawings,  making  a  part  of  this  specification,  in 
which  figure  1  is  a  perspective  view  ;  figure  2,  a 
longitudinal  elevation  ;  figure  3,  a  tranverse  sec- 
tion, &c.  (Describe  all  the  sections  of  the  drawings, 
and  then  refer  to  the  parts  by  letters.)  Then  fol- 
lows the  description  of  the  construction  and  opera- 
tion of  the  machine.  And  lastly,  make  the  claim, 
which  should  express  the  nature  and  character  of 
the  invention,  and  identify  the  parts  claimed  sepa- 
rately or  in  combination.  If  the  specification  is 
for  an  improvement,  the  original  invention  should  be 
disclaimed,and  the  claim  confined  to  the  improvement. 

14.  The  specification  must  be  signed  by  the  in- 
ventor, and  attested  by  two  witnesses.     (Sec.  6.) 


11 

15.  The   applicant  must  then  make  oath  or  affir- 
mation substantially  as  follows  : 

OATH. 
•City  and  county  of  Mobile,  State  of  Alabama,  ss  : 

On  this  day  of  186   , 

before  me,  the  subscriber,  a  ,  per- 

sonally appeared  the  within  named  Amos  Appleton, 
and  made  solemn  oath  (or  affirmation)  that  he  verily 
believes  himself  to  be  the  original  and  first  invent- 
or of  the  mode  herein  described  for  preventing  the 
decay  of  wood,  and  that  he  does  not  know  or  believe 
the.  same  was  ever  before  known  or  used ;  and  that 
he  is  a  citizen  of  the  Confederate  States  of  America, 

(Signed)  C S^^^ — , 

Justice  of  the  Peace. 

16.  The  oath  may  be  taken  before  any  person 
authorized  by  law  to  administer  oaths. 

17.  When  the  oath  is  taken  in  a  foreign  country^ 
it  may  be  taken  before  any  minister  plenipotentiary^ 
charge  d'affaires,  consul  or  commercial  agent  hold- 
ing commission  under  the  government  of  the  Con- 
federate States,  or  before  any  notary  public  of  the 
country  in  which  the  oath  is  taken,  being  attested 
in  all  cases  by  the  proper  official  seal  ;  and  provided 
always  the  foreign  state  in  which  the  oath  is  taken 
shall  have  recognized  the  independence  of  the  Con- 


12 

federate   States,  and  shall  be  at  the  time  in  amity 
with  them.  (Sec.  31.) 

DRAWINGS  AND  MODEL. 

18.  The  drawings  required  by  law,  (Sec  6)  should 
generally  be  in  perspective.  Such  parts  as  cannot 
be  shown  in  perspective  must,  if  described,  be  repre- 
sented in  plans,  sections  or  details. 

19.  Duplicate  drawings  are  required.  They 
should  be  neatly  executed  on  sheets  separate  from 
the  other  papers — from  sixteen  to  eighteen  inches 
from  top  to  bottom,  and  not  less  than  thirteen  across, 
nor  more  than  twenty-five,  unless  more  space  is  ne- 
cessary to  exhibit  the  device  or  machine  with  clear- 
ness. One  of  these  drawings,  which  is  to  be  kept 
in  the  office  for  reference,  should  be  on  stifi*  drawing 
paper.  The  other,  which  is  to  be  attached  to  the 
patent,  should  have  a  margin  of  at  least  one  inch 
for  that  purpose  on  the  right  hand  side,  and  should 
be  on  some  material  that  will  bear  folding  and  trans- 
portation. Each  part  should  be  distinguished  by 
the  same  number  or  letter,  wherever  that  part  is  de- 
lineated in  the  drawings,  and  should  be  referred  to 
in  the  specification  by  such  number  or  letter.  These 
drawings  should  be  signed  by  the  applicant,  and  at- 
itestcd  by  two  witnesses. 

i2().  The  model  must  be  neatly  and  substantially' 
made  of  durable  material,  and  not  more  than  one 

I 


13 

foot  in  length  or  height,  except  where  a  larger  mo- 
del is  permitted,  for  special  reasons,  to  be  shown  by 
the  applicant.  Models  filed  as  exhibits,  in  interfe- 
rence and  other  cases,  should  also,  if  practicable, 
conform  to  this  rule  as  to  size.  Should  they  exceed 
this  limit,  they  will  not  be  preserved  in  the  office 
after  the  termination  of  the  case  to  which  they  be- 
long. If  made  of  pine  or  other  soft  wood,  they 
should  be  painted,  stained  or  varnished.  A  work- 
ing model  is  always  desirable,  in  order  to  enable  the 
office  fully  and  readily  to  understand  the  precise 
operation  of  the  machine.  The  name  of  the  inven- 
tor, and  also  of  the  assignee  (if  assigned),  must  be 
fixed  upon  it  in  a  permanent  manner. 

A  model  will  be  required  in  all  cases  which  ad- 
mit of  a  representation  by  model,  unless  the  applica- 
tion is  for  a  design.     (Sec.  6.) 

21.  When  the  invention  is  of  a  composition  of 
matter,  a  specimen  of  the  ingredients  and  of  the 
composition  which  the  law  requires,  (Sec.  6,)  must 
accompany  the  application,  and  the  name  of  the  in- 
ventor and  assignee  (if  there  be  one)  must  be  per- 
manently affixed  thereto. 

22.  Models  or  specimens  forwarded  without  a 
name,  are  liable  to  be  lost  or  mislaid,  as  they  cannot 
be  entered  upon  the  record. 


14 

23.  No  application  can  be  examined^  nor  can  the  case 
he  placed  upon  the  files  for  examination,  until  the  fee 
is  paid,  and  the  specification,  petition,  oath,  drawings, 
and  model  or  specimen  (when  required)  are  filed. 

24.  The  following  persons  are  appointed  agents 
to  receive  all  moneys  to  be  paid  into  the  office,  on 
applications  for  patents  or  otherwise : 

The  Assistant  Treasurers  of  the  Confederate  States. 
The  Collector  of  the  port  of  Mobile,  Alabama. 
The  Collector  of  the  port  of  Savannah,  Ga. 
The  Collector  of  the  port  of  Wilmington,  N.    C. 

25.  Models,  specimens,  and  every  other  thing  per- 
taining to  applications  for  patents,  must  be  forward- 
ed at  the  expense  of  the  applicant.  The  cost  of 
transportation  end  the  postage  will  in  no  case  be  de- 
frayed by  the  office. 

OF  THE  EXAMINATION. 

2G.  Applications  will  be  examined  and  disposed 
of,  as  far  as  practicable,  in  the  order  in  which  they 
are  completed.  When,  however,  an  invention  is 
■deemed  of  peculiar  importance  to  some  branch  of 
the  public  service,  and  when  for  that  reason  the  head 
of  a  department  of  the  Government  specially  re- 
quests immediate  action,  the  case  will  be  taken  up 
out  of  its  order. 

27.   A  specification   cannot  be   amended  in  any 


15 

material  part,  unless  there  is  something  to  amend 
by — that  is  to  say,  it  can  only  be  so  amended  as  to 
cause  it  to  correspond  with  the  drawing  or  model. — 
A  similar  rule  will  be  enforced  in  regard  to  amend- 
ments of  the  drawings  or  model. 

28.  The  personal  attendance  of  the  applicant  at 
the  patent  office  is  unnecessary.  The  business  can 
be  done  by  correspondence  or  by  attorney.  But  no 
person  will  be  recognized  as  an  attorney  until  he 
files  in  this  office  a  power  of  attorney  from  the  appli- 
cant he  wishes  to  represent.  All  correspondence 
must  be  addressed  to  the  Commissioner. 

29.  When  an  application  has  been  finally  decided, 
the  office  will  retain  the  original  papers,  furnishing 
the  applicant  copies — if  he  desires  them — at  the  rate 
of  10  cents  the  hundred  words. 

30.  If  a  patent  is  granted,  it  will  be  transmitted 
to  the  patentee  or  his   agent,  in  case  he  has  a  full 
power  of  attorney  authorizing  him  to  receive  it. 
RETAINING  PATENTS  IN  THE  SECRET  ARCHIVES. 

31.  No  application  upon  which  a  patent  has  been, 
ordered  to  issue,  shall  be  retained  in  the  secret  ar- 
chives of  the  office  more  than  six  months  from  the 
day  on  which  the  patent  was  ordered  to  issue.  The 
request  to  have  the  patent  placed  in  the  secret  ar- 
chives must  in  all  cases  be  made  by  the  patentee  or 


16 

the  assignees  of  all  the  interest  therein,  in  writing, 
and  filed  with  the  Chief  Clerk,  before  the  patent  shall 
be  recorded.  On  like  request  and  the  payment  of 
the  fee  by  any  applicant,  his  specification  and  draw- 
ings will  be  filed  in  the  secret  archives  of  the  office 
until  he  shall  furnish  the  model  and  the  patent  be 
issued,  not  exceeding,  however,  the  term  of  two 
years,  the  applicant  being  entitled  to  notice  of  in- 
terfering applications.     (Sec.  8.) 

OF   APPEALS. 

32.  After  a  case  has  been  once  rejected,  the  ap- 
plicant may  have  a  second  examination  by  renewing 
his  oath,  either  with  or  without  an  alteration  of 
his  specification.  But  such  alteration  must  be  in 
accordance  with  rule  27. 

33.  After  a  second  rejection,  the  applicant  may 
bring  the  case  before  the  Commissioner  in  person, 
and  if  still  dissatisfied,  may  appeal  to  the  Attorney 
Greneral. 

34.  The  mode  of  appeal  will  be  by  giving  notice 
thereof  to  the  Commissioner,  filing  in  the  Patent 
Office,  within  such  time  as  the  Commissioner  shall  ap- 
point, the  reasons  of  appeal,  and  paying  to  the  Com- 
missioner the  sum  of  twenty-five  dollars.     (Sec.  7.) 


17 

OF  INTERFERENCES. 

35.  When  two  or  more  persons  claim  to  be  the 
first  inventors  of  the  same  thing,  an  "interference" 
will  be  declared  between  them,  and  a  trial  be  had 
before  the  Commissioner.  Nor  will  the  fact  that 
one  of  the  parties  has  already  obtained  a  patent, 
prevent  such  an  interference.  For  although  the 
Commissioner  has  no  power  to  cancel  a  patent  al- 
ready issued,  he  may,  if  he  finds  that  another  person 
was  the  prior  inventor,  give  him  also  a  patent,  and 
thus  place  them  on  an  equal  footing  before  the 
courts  and  the  public.     (Sec.  8.) 

36.  Upon  the  declaration  of  an  interference  a  day 
will  be  fixed  for  closing  the  testimony,  and  a  further 
day  fixed  for  the  hearing  of  the  cause.  Previous  to 
this  latter  day  the  arguments  of  counsel  must  be 
filed,  if  at  all. 

37.  If  either  party  shall  wish  a  postponement  of 
either  the  day  for  closing  the  testimony  or  the  day 
of  hearing,  he  must  before  the  day  he  thus  seeks  to 
postpone  has  passed,  show  by"  affidavit  a  sufficient 
cause  for  such  postponement. 

OF    REISSUES. 

38.  A  reissue  will  be  granted  to  the  original  pa- 
tentee, his  heirs  or  assigns,  when  by  reason  of  an 
insufficient  or  defective  specification,  the  patent  is 

2 


18 

invalid,  provided  the  error  has  arisen  from  inadver- 
tence, accident  or  mistake,  without  any  fraudulent 
or  deceptive  intention.     (Sec.  12.) 

39.  Whatever  is  really  embraced  in  the  original 
invention,  and  so  described  or  shown  that  it  might 
have  been  embraced  in  the  original  patent,  may  be 
the  subject  of  a  reissue. 

40.  The  reissued  patent  expires  at  the  time  the 
original  patent  would  have  expired.  For  this  reason 
such  applications  will  be  acted  upon  as  soon  as  they 
are  completed. 

41.  In  all  cases  of  applications  for  reissues,  the 
original  claim  is  subject  to  re-examination,  and  may 
be  revised  and  restricted  in  the  same  manner  as  ori- 
ginal applications.     (Sec.  20.) 

42.  But  in  all  such  cases,  after  the  action  of  the 
office  shall  have  been  made  known  to  the  applicant, 
if  he  prefers  the  patent  originally  granted  to  that 
which  will  be  allowed  by  the  decision  of  the  office, 
he  will  have  the  privilege  of  abandoning  the  latter 
and  retaining  the  old  patent. 

43.  The  following  is  an  appropriate  form  of  appli- 
cation for  a  reissue : 

SURRENDER  OF  A  PATENT  FOR  REISSUE. 
To  the  Commissioner  of  Patents : 

The  petition  of  Samuel  Prague,  of  Jackson,. in  the 
county  of  Hinds,  and  State  of  Mississippi,  I 


I 


19 

Respectfully  represents,  That  he  did  obtain  letters 
patent  of  the  Confederate  States  for  an  improvement 
in  railroad  chairs  ;  which  letters  patent  are  dated  on 
the  first  day  of  August,  1861  ;  that  he  now  believes 
the  same  to  be  inoperative  and  invalid,  by  reason  of 
a  defective  specification,  which  defect  arose  from  in- 
advertence and  mistake.  He  therefore  prays  he  may 
be  allowed  to  surrender  the  same,  and  requests  that 
new  letters  patent  may  issue  to  him  for  the  same  in- 
vention for  the  residue  of  the  period  for  which  the 
original  patent  was  granted,  under  the  amended  spe- 
cification herewith  presented,  he  having  paid  twenty 
dollars  into  the  Treasury  of  the  Confederate  States, 
agreeably  to  the  requirements  of  the  act  of  Congress 
in  that  case  made  and  provided. 

Samuel  Prague. 

FORM   OF    OATH    TO    BE    APPENDED  TO  APPLI- 
CATIONS FOR  REISSUES. 

City  of  Jackson,  County  of  Hinds, 

and  State  of  Mississippi,  ss  : 
On  this  day  of 

186   ,  before  the  subscriber,  a  ,  per- 

sonally appeared  the  above  named  Samuel  Prague, 
and  made  solemn  oath  (or  affirmation)  that  he  V3rily 
believes  that  by  reason  of  an  insufficient  or  defective 
specification,  his  aforesaid  patent  is  not  fully  valid 


20 

and  available  to  him,   and  that  ths  said  error  has 
arisen  from  accident,  inadvertence  or  mistake,  and 
without  any  fraudulent  or  deceptive  intention,  to  the 
best  of  his  knowledge  and  belief. 
Signed, 


OF  DISCLAIMERS. 

44.  Where,  by  inadvertence,  accident  or  mistake, 
the  original  patent  is  too  broad,  a  disclaimer  may  be 
filed  either  by  the  original  patentee  or  by  any  of  his 
assignees.     (Sec.  19.) 

45.  The  following  is  a  sufficient  form  for  a  dis- 
claimer : 

To  the  Commissioner  of  Patents  : 

The  petition  of  Alfred  Lewis  of  Pas- 
cagoula  in  the  county  of  Jackson,  State  of  Missis- 
sippi, 

Respectfully  represents,  That  he  has,  by  assignment, 
duly  recorded  in  the  patent  office,  become  the  owned 
of  a  right  for  the  State  of  Mississippi,  to  certain 
improvements  in  the  steam  engine,  for  which  letters 
patent  of  the  Confederate  States  were  granted  to 
Hilaire  Krebs,  of  the  town,  county  and  State  afore- 
said, dated  on  the  first  of  August,  1861  ;  thathehaj 
reason  to  believe,  that  through  inadvertence  and  mis 


21 

take,  the  claim  made  in  the  specification  of  said  let- 
ters patent  is  too  broad,  including  that  of  which  the 
said  patentee  was  not  the  first  inventor.  Your  pe- 
titioner therefore  hereby  enters  his  disclaimer  to  that 
part  of  the  claim  in  the  aforenamed  specification, 
which  is  in  the  following  words,  to-wit :  *'  I  also 
claim  the  particular  manner  in  which  the  piston  of 
the  above  described  engine  is  constructed,  so  as 
to  insure  the  close  fitting  of  the  packing  thereof  to 
the  cylinder,  as  set  forth;  which  disclaimer  is  to 
operate  te  the  extent  of  the  interest  in  said  letters 
patent  vested  in  your  petitioner,  who  has  paid  ten 
dollars  into  the  Treasury  of  the  Confederate  States, 
agreeably  to  the  requirements  of  the  act  of  Congress 
in  that  case  made  and  provided. 

Alfred  Lewis. 

When  the  disclaimer  is  made  by  the  original  pa- 
tentee, it  must  be  so  worded  as  to  express  that  fact. 
OF  DESIGNS. 

46.  In  making  an  application  for  a  patent  for  a 
design,  the  same  course  is  to  be  pursued  as  in  case 
of  an  application  for  patenting  a  machine  ;  but  it 
may  be  for  a  term  of  three  and  one-half  years,  the 
fee  being  ten  dollars  ;  or  for  a  term  of  seven  years, 
the  fee  being  fifteen  dollars ;  or  for  a  term  of  four- 
teen years,  the  fee  being  twenty  dollars.    If  the  de- 


22 

sign  can  be  sufficiently  represented  by  a  drawing, 
no  model  is  requisite  in  making  an  application  for  a 
patent  therefor. 

47.  The  following,  or  equivalent  forms,  will  be 
sufficient  in  applications  for  designs  : 
FORM  OF  APPLICATION. 

The  petition  of  Sylvester  Churchill,   of  New  Or- 
leans, in  the  parish  of  Orleans  and  State  of  Louisiana, 

Respectfully  represents,  that  your  petitioner  has  pro- 
duced or  invented  a  new  and  original  design  for  a 
composition  in  alto-relievo  (or  for  a  bust,  statue  or 
bass-relief  or  other  thing,  as  the  case  may  be,)  which  - 
he  verily  believes  has  not  been  known  prior  to  the 
production  thereof  by  your  petitioner.  He  therefore 
prays  that  letters  patent  of  the  Confederate  States 
for  the  term  of  years,  may  be  granted  to 

him  therefor,  vesting  in  him  and  his  legal  represen- 
tatives the  exclusive  right  to  the  same,  upon  the  con- 
ditions expressed  in  the  act  of  Congress  in  that  case 
made  and  provided,  he  having  paid 
dollars  into  the  Treasury,  and  complied  with  the. 
other  provisions  of  said  act. 

Sylvester  Churchill. 
FORM  OF  SPECIFICATION. 
To  all  whom  it  may  concern  : 

Be  it  known,  That  I,  Sylvester  Churchill,  of  the 


I 


23 

city  of  New  Orleans,  in  the  parish  of  Orleans,  and 
State  of  Louisiana,  have  produced  or  invented  a 
new  and  original  design  for  ;    and  I 

do  hereby  declare,  that  the  following  is  a  full  and 
exact  description  of  the  same. 

[  Here  folloAVS  a  description  of  the  design,  with 
reference  to  the  specimen  or  drawing,  the  specifi- 
cation to  conclude  with  declaring  what  the  inventor 
claims.] 

Sylvester  Churchill. 
Witnesses  : 

Hannon  Jones. 

Wm.  Elder. 

FORM  OF  OATH. 

City  of  New  Orleans, 

Parish  of  Orleans,  State  cf  Louisiana,  ss: 

On  this  day  of  186   ,   before  the 

subscriber,  a  ,  personally  ap- 

peared the  within  named  Sylvester  Churchill,  and 
made  oath  (or  affirmation)  that  he  verily  believes 
himself  to  be  the  original  and  first  producer  or  in- 
ventor of  the  design  for  ,  and 
that  he  does  not  know  or  believe  that  the  same  was 
ever  before  known  or  used,  and  that  he  is  a  citizen 
of  the  Confederate  States. 


24 

OF  FOREIGN  PATENTS. 

48.  The  taking  out  a  patent  in  a  foreign  country 
■will  not  prejudice  a  patent  previously  obtained  here. 

49.  Where  a  patent  is  applied  for  here,  after  the 
same  invention  has  been  patented  abroad,  it  will  ex- 
tend only  fourteen  years  from  the  date  of  the  foreign 
patent.  For  this  reason,  such  cases  will  be  acted 
upon  out  of  their  order,  and  as  soon  as  the  applica- 
tion is  completed. 

50.  Where  an  applicant  seeks  to  make  his  a  pre- 
ferred case,  in  consequence  of  his  having  obtained  a 
foreign  patent,  he  should  temporarily  file  in  the  office 
the  patent  so  obtained,  with  the  specifications  (pro- 
visional or  complete)  attached,  or  an  authenticated 
copy  of  them.  But  where  such  papers  or  copies 
cannot  be  conveniently  furnished,  it  will  be  sufficient 
if  the  reasons  of  such  inability  be  set  forth  by  affi- 
davit, and  also  the  fact  that  a  foreign  patent  has  ac- 
tually been  obtained,  giving  its  date,  and  showing 
clearly  that  the  invention  so  patented  covers  the 
whole  ground  of  his  application  here. 

OF  CAVEATS. 

51.  Any  citizen  can  file  a  caveat  in  the  secret  ar- 
chives of  the  office ;  and  if  at  any  time  within  one 
year  thereafter,  another  person  applies  for  a  patent 
for  the  same  invention,  the  caveator  will  be  entitled 


25 

to  notice  to  complete  his  application,  and  to  go  intD 
interference  with  the  applicant  for  the  purpose  of 
proving  priority  of  invention  and  obtaining  the  pa- 
tent, if  that  fact  be  established.     (Sec.  1 1.) 

52.  The  caveator  will  not  be  entitled  to  notice  of 
any  application  pending  at  the  time  of  filing  his 
caveat,  nor  of  any  application  filed  after  the  expira- 
tion of  one  year  from  the  date  of  filing  his  caveat, 
unless  he  renews  his  caveat  at  the  end  of  one  year, 
by  paying  a  second  caveat  fee.  This  will  continue 
his  caveat  in  full  force  for  one  year  longer,  and  so  on 
from  year  to  year,  as  long  as  the  caveator  desires. 

53.  A  caveat  need  not  contain  as  particular  a  de- 
scription of  the  invention  as  is  requisite  in  a  specifi- 
cation ;  but  still  the  description  should  be  sufficiently 
precise  to  enable  the  office  to  judge  whether  there  is 
a  probable  interference  when  a  subsequent  applica- 
tion is  made. 

54.  Caveat  papers  cannot  be  withdrawn  from  the 
office,  nor  undergo  alteration  after  they  have  been 
filed;  but  additional  papers  relative  to  the  invention 
may  be  appended  to  the  caveat,  (their  date  being 
noted,)  provided  they  are  merely  amendatory  of  the 
original  caveat. 

55.  In  the  case  of  supplementary  papers  to  any 
original  caveat,  the  right  to  notice  in  regard  to  the. 


26 

subject  of  those  papers  expires  with  the  caveat; 
and  any  additional  papers  not  relating  to  the  in- 
vention to  which  the  caveat  refers,  will  receive  no 
notice. 

5Q.  The  caveator,  or  any  other  person  properly 
authorized  by  him,  can  at  any  time  obtain  copies  of 
the  caveat  papers  at  the  usual  rate. 

57.  The  caveat  should  be  accompanied  by  a 
drawing  or  sketch  of  the  invention. 

58.  The  caveat  fee  cannot  be  applied  to  the  appli- 
cation when  completed.     (Sec.  39.) 

59.  The  following  w^ill  give  a  general  idea  of  the 
proper  form  of  a  caveat : 

To  the  Commissioner  of  Patents  : 

The  petition  of  John  McRae,  of  Enterprise,  in 
the  county  of  Clark,  and  State  of  Mississippi, 

Respectfully  represents^  That  he  has  made  certain 
improvements  in  the  mode  of  constructing  steam 
boilers,  and  that  he  is  now  engaged  in  experiments 
for  the  purpose  of  perfecting  the  same,  preparatory 
to  his  applying  for  letters  patent  therefor.  He 
therefore  prays  that  the  subjoined  description  of  his 
invention  may  be  filed  as  a  caveat  in  the  secret  ar- 
chives of  the  patent  office,  agreeably  to  the  provi- 
sions of  the  act  of  Congress  in  that  case  made  and 
provided,  he  having  paid  ten  dollars  into  the  Trea- 


27 

sury  of  the  Confederate  States,  and  otherwise  com- 
plied with  the  requirements  of  the  said  act. 

John  McRae. 
Enterprise,  July  \st,  1861. 

Annexed  should  be  a  description  of  the  general 
principles  of  the  invention,  so  far  as  it  has  been 
completed. 

OF  THE  REPAYMENT  OF  MONEY. 

60.  Money  paid  by  actual  mistake  will  be  refunded ; 
but  a  mere  change  of  purpose  after  the  payment  has 
been  made  will  not  enable  the  person  to  obtain  his 
money  and  withdraw  his  papers. 

OF  ASSIGNMENTS. 

61.  An  inventor  can  assign  his  entire  right  before 
a  patent  is  obtained,  so  as  to  enable  the  assignee  to 
take  out  the  patent  in  his  own  name ;  but  the  assign- 
ment must  first  be  recorded,  and  the  specifications 
sworn  to  by  the  inventor. 

62.  After  a  patent  is  obtained,  the  patentee  may 
assign  the  right  to  make  or  use  the  thing  patented  in 
any  specified  portion  of  the  Confederate  States 
(sec.  10) ;  but  no  assignment  to  specified  portions  of 
the  Confederate  States,  made  prior  to  obtaining  the- 
patent,  will  enable  the  assignees  to  take  out  the  pa- 
tent in  their  names. 


28 

63.  Every  assignment  should  be  recorded  within 
three  months  from  its  date. 

64.  When  the  patent  is  to  issue  to  the  assignee, 
the  entire  correspondence  shouki  be  in  his  name. 

65.  The  receipt  of  assignments  will  not  be  ac- 
knowledged by  the  office.  They  will  be  recorded  in 
their  turn  as  soon  as  possible  after  they  are  received, 
and  sent  to  the  persons  entitled  to  them. 

66.  An  assignment  of  a  patent  granted  by  the 
United  States,  whether  of  the  entire  or  of  a  partial 
interest,bonafide  made  before  the  fourth  of  February, 
1861,  to  a  citizen  of  the  Confederate  States,  or  of 
the  States  of  North  Carolina  and  Tennessee,  will 
continue  the  patent,  or  such  interest  therein  as  is  as- 
signed, in  full  force  far  the  term  for  which  it  was 
issued  yet  unexpired,  on  certain  conditions.  These 
conditions  are,  that  such  assignment  shall  be  recorded 
in  this  office ;  that  a  descriptive  drawing  (and  model, 
if  necessrry,)  sufficient  to  explain  and  identify  the 
subject  matter  of  the  patent  to  which  the  assignment 
refers,  shall  be  deposited  in  the  office ;  and  that  a 
duty  of  twenty  dollars,  together  with  the  cost  of  re- 
cording the  papers,  shall  be  paid  by  the  assignee 
within  nine  months  from  the  28th  of  May,  1861. 

67.  Form  of  an  assignment  of  the  entire  interest 


29 

in  letters  patent  before  obtaining  the  same,  and  to 
be  recorded  preparatory  thereto  : 

Whereas  I,  John  Doe,  of  in  the 

county  of  and  State  of 

have  invented  certain  new  and  useful  improvements 
in  plows,  for  which  I  am  about  to  make  applica- 
tion for  letters  patent  of  the  Confederate  States : 
and  whereas  George  Davis,  of  in  the 

county  of  in  State  of 

has  agreed  to  purchase  from  me  all  the  right,  title 
and  interest  which  I  have  or  may  have  in  and  to  the 
said  invention,  in  consequence  of  the  grant  of  let- 
ters patent  therefor,  and  has  paid  to  me,  the  said  John 
Doe,  the  sum  of  ten  thousand  dollars,  the  receipt  of 
which  is  hereby  acknowledged : 

Now,  this  indenture  witnesseth,  that  for  and  in 
consideration  of  said  sum  to  me  paid,  I  have  assigned 
and  transferred,  and  do  hereby  assign  and  transfer 
to  the  said  George  Davis  the  full  and  exclusive  right 
to  all  the  improvements  made  by  me,  as  fully  set 
forth  and  described  in  the  specification  which  I  have 
prepared  and  executed  preparatory  to  obtaining  let- 
ters patent  therefor.  And  I  do  hereby  authorize 
and  request  the  Commissioner  of  Patents  to  issue  the 
said  letters  patent  to  the  said  George  Davis,  as  the 
assignee  of  my  whole  right  and  title  thereto,  for  the 


30 

sole  use  and  behoof  of  said  George  Davis,  and  his 
legal  representatives. 

In  testimony  whereof,  I  have  hereunto  set  my 
hand  and  ajffixed  my  seal  this  first  day  of  December. 
1861. 

John  Doe.   [Seal.] 
Sealed  and  delivered  in 
presence  of 

Richard  Fox. 
Stephen  Fry. 

The  above  form  can  easily  be  changed,  if  only  a 
partial  right  in  a  patent  be  assigned  and  not  the 
whole  interest. 

OF  THE  OFFICE  FEES,  AND  HOW  PAYABLE. 

68.  Nearly  all  the  fees  payable  to  the  patent 
office  are  positively  required  by  law  to  be  paid  in 
advance.  For  the  sake  of  uniformity  and  conve- 
nience, the  remaining  fees  will  be  required  to  be 
paid  in  the  same  manner — that  is  to  say,  before  the 
labor  is  performed  for  which  they  are  to  be  received 
in  payment. 

The  following  is  the  tariff  of  fees  established  by 
law.  No  discrimination  is  made  as  between  the 
citizens  of  the  Confederate  States  and  aliens,  when 
the  governments  of  the  latter  make  no  discrimina- 


•  31 

tion  against  our  citizens,  have  recognized  our  inde- 
pendence, and  arc  in  amity  with  us  : 

On  filing  every  caveat,  _  _  _  $10  00 

On  filing  each  original  application  for  a  pa- 
tent, except  for  a  design,     -  -  - 

On  issuing  each  original  patent, 

On  ever}'^  appeal  to  the  attorney  general, 

On  special  applications  for  the  reissue  of  a 
patent,  as  provided  for  in  sections  12  and 
17  of  the  law,  _  .  _  . 

On  other  applications  for  the  reissue  of  a  pa- 
tent, if  there  be  such,  -  .  _ 

On  filing  an  application  for  a  patent  for  a  de- 
sign, for  the  term  of  three  and  one-half 
years,  _  _  -  -  - 

On  filing  an  application  for  a  patent  for  a  de- 
sign, for  the  term  of  seven  years,  - 

On  filing  an  application  for  a  patent  for  a  de- 
sign, for  the  term  of  fourteen  years, 

On  filing  each  disclaimer,        _  -  - 

For  revalidating  or  reviving  patents  granted 
by  the  United  States  to  citizens  of  this 
Confederacy,  _  _  _  _ 

For  recording  such  patents,  per  hundred 
words,  ----- 

For  certified  copies  of  patents  and  other  pa- 
pers, per  hundred  words,    -  -  - 

For  recording  every  assignment,  agreement, 
power  of  attorney,  and  other  papers  of 
three  hundred  words  or  under,      -  -  1  00 

For  recording  every  assignment  and  other 


20 

00 

20  00 

25 

00 

20 

00 

30 

00 

10  00 

15 

00 

20 

00 

10  00 

20  00 

0 

10 

0 

10 

paper,  over  three  hundred  words  and  un- 
der one  thousand  words,     -  -  -  2    00 

For  recording  every  assignment  and  other 

writing,  if  over  one  thousand  words,         -  3  00 

For  copies  of  drawings,  the  reasonable  cost 
of  making  the  same. 

69.  The  office  having  no  franking  privilege,  appli- 
cants must  remit  a  sum  of  money  to  pay  for  post- 
age— for  distances  under  500  miles,  one  dollar  ;  over 
500  miles,  two  dollars.     (Act  August  30,  1861.) 

70.  It  is  recommended  that  the  money  for  the 
payment  of  fees  be  deposited  with  the  public  officers 
•designated  in  a  previous  article,  the  applicant  taking  a 
certificate  and  remitting  the  same  to  this  office.  When 
this  cannot  be  done  without  inconvenience,  the  mo- 
ney may  be  remitted  by  express  or  by  mail,  at  the 
risk  and  cost  of  the  owner ;  and  in  every  instance  the 
letter  accompanying  the  money  should  state  the  ex- 
act amount  enclosed. 

71.  In  case  of  deposit  made  with  the  assistant 
treasurers,  or  other  persons  authorized  to  receive 
the  money,  a  duplicate  receipt  should  be  taken, 
•stating  by  whom  the  payment  was  made,  and  for 
what  purpose. 

The  certificate  of  deposit  may  be  made  in  the  fol- 
lowing form : 


33 
Office  of  the 


The  Treasurer  of  the  Confederate  States  has  cre- 
dit at  this  oflBce  for  dollars 
deposited  by  of  the  town  of 
in  the  county  of  and  State  of 
the  same  being  the  fee  in  an  application  for  a  patent 
for  an  improvement  in  churns,  (or  whatever  the  thing 
may  be),  made  (or  to  be  made)  by  said 

A B . 

Persons  depositing  money  in  this  way,  must  for- 
ward the  receipt  or  certificate  to  this  office  as  evi- 
dence thereof.  Bank  notes  or  checks  cannot  be 
received. 

72.  All  money  sent  by  mail  from  this  office  Avill 
be  at  the  risk  of  the  owner.  In  no  case  should  mo- 
ney be  sent  enclosed  with  models. 

73.  All  payments  to  and  by  this  office  must  be 
made  in  specie,  or  Confederate  States  Treasury 
Notes. 

TAKING  AND  TRANSMITTING  MONEY,  ETC. 

74.  Section  34  of  the  act  requires  the  clerks  of 
the  courts  of  the  Confederate  States  for  any  district 
or  territory,  on  the  application  of  any  party  to  an 
interference  in  the  patent  office,  or  his  attorney,  to 


'     34 

issue  subpoenas  for  any  witness  residing  or  being 
Tvithin  said  district  or  territory,  commanding  such 
T\-itncss  to  appear  and  testify  before  any  justice  of 
the  peace  or  other  officer  authorized  by  law  to  take 
depositions  ;  and  the  judge  of  the  court  whose  clerk 
shall  issue  such  subpoena,  is  empowered  and  directed 
to  enforce  obedience  to  the  process.  Eut  no  witness 
can  be  required  to  attend  at  any  place  more  than 
forty  miles  from  the  place  w^here  the  subpoena  shall 
be  served  upon  him,  nor  unless  his  fees  for  going  to, 
returning  from,  and  one  day's  attendance  at  the  place 
of  examination,  shall  be  paid  or  tendered  to  him  at 
the  time  of  the  service  of  the  subpoena  ;  nor  can  a 
witness  be  required  to  disclose  any  secret  invention 
made  or  owned  by  him.     (Sec.  34.) 

75.  In  contested  cases,  the  following  rules  have 
been  established  for  taking  and  transmitting  evi- 
dence : 

1st.  That  before  the  deposition  of  a  w^itness  or 
witnesses  be  taken  by  either  party,  reasonable  notice 
shall  be  given  to  the  opposite  party  of  the  time  and 
place  when  and  wdiere  such  deposition  or  depositions 
will  be  taken,  so  that  the  opposite  party,  either  in 
person  or  by  attorney,  shall  have  full  opportunity  to 
cross-examine  the  witness  or  witnesses ;  and  such 
notice  shall,  with  iwoof  of  the  service  of  the  same,  be 


3o 

attaclied  to  the  deposition  or  depositions,  ^vlietliei' 
the  party  cross-examine  or  not ;  and  such  notice 
shall  be  given  in  sufficient  time  for  the  appearance 
of  the  opposite  party,  and  for  the  transmission  of 
the  evidence  to  the  patent  office  before  the  day  of 
hearing. 

2d.  That  all  evidence,  &c.,  shall  be  sealed  and  ad- 
dressed to  the  Commissioner  of  Patents  by  the  per- 
sons before  whom  it  is  taken,  and  so  certified 
thereon . 

3d.  That  the  certificate  of  the  magistrate  shall  be 
substantially  in  the  following  form,  viz  : 

"I  hereby  certify  that  the  depositions  of  A,  B, 
C,  D,  &c.,  relating  to  the  matter  of  interference  be- 
tween E  F  and  G  H,  were  taken,  sealed  up  and  ad- 
dressed to  the  Commissioner  of  Patents  by  me. 

"  J L , 

^'Justice  of  the  Peace. '^^ 

4th.  That  ifo  evidence  touching  the  matter  at  issue 
will  be  considered  upon  the  said  day  of  hearing, 
which  shall  not  have  been  taken  and  filed  in  compli- 
ance with  these  rules  :  Provided,  that  if  either  party 
shall  be  unable,  for  good  and  sufficient  reasons,  to 
procure  the  testimony  of  a  witness  or  witnesses  with- 
in the  stipulated  time,  then   it  shall  be  the  duty  of. 


36 

said  party  to  give  notice  of  the  same  to  the  Com- 
missioner of  Patents,  accompanied  by  statements, 
under  oath,  of  the  cause  of  such  inability,  and  of  the 
steps  which  have  been  taken  to  procure  said  testi- 
mony, and  of  the  time  or  times  when  efforts  have  been 
made  to  procure  it ;  which  last  mentioned  notice  to 
the  Commissioner  shall  be  received  by  him  previous 
to  the  day  of  hearing  aforesaid. 

76.  The  notice  for  taking  testimony  must  be 
served,  by  delivering  to  the  adverse  party  a  copy. 
If  he  cannot  be  found,  such  service  may  be  made 
upon  his  agent  or  attorney  of  record,  or  by  leaving 
a  copy  at  the  party's  usual  place  of  residence,  with 
some  member  of  the  family  who  has  arrived  at  the 
years  of  discretion. 

It  must  be  annexed  to  the  deposition,  with  a  cer- 
tificate, duly  sworn  to,  stating  the  manner  and  time 
at  which  the  service  was  made. 

77.  The  testimony  must  (if  either  party  desires 
it)  be  taken  in  answer  to  interrogatories — having 
the  questions  and  answers  committed  to  writing,  in 
their  regular  order,  by  the  magistrate,  or  under  his 
direction,  by  some  person  not  interested  in  the 
issue,  nor  the  agent  or  attorney  of  one  who  is. 
The  deposition,  when  complete,  must  be  signed  by 
the  witness. 


i 


37 

78.  The  magistrate  must  append  to  the  deposition 
his  certificate,  stating  the  time  and  place  at  which 
it  was  taken,  the  names  of  the  witnesses,  the  admin- 
istration of  the  oath,  at  whose  request  the  testimony 
was  taken,  the  occasion  upon  which  it  is  intended  to 
be  used,  the  names  of  the  adverse  parties,  and 
whether  they  were  present. 

79.  No  notice  will  be  taken,  at  the  hearing,  of  any 
merely  formal  or  technical  objection,  unless  it  may 
reasonably  be  presumed  to  have  wrought  a  substan- 
tial injury  to  the  party  raising  the  objection  ;  nor 
even  then,  unless  as  soon  as  that  party  became  aware 
of  the  objection,  he  immediately  give  notice  thereof 
to  this  office,  and  also  to  the  opposite  party,  inform- 
ing him  at  the  same  time  that,  unless  corrected,  he 
should  urge  his  objection  at  the  hearing. 

80.  The  following  forms  are  recommended  for  ob- 
servance in  the  taking  of  depositions : 

A  B,  being  duly  sworn,  doth  depose  and  say,  in 
answer  to  interrogatories  proposed  to  him  by  C  D, 
counsel  for  E  F,  as  follows,  viz. : 

1st  interrogatory.  AVhat  is  your  name,  your  resi- 
dence and  occupation  ? 

1st  answer.  My  name  is  A  B.  I  am  a  carpenter, 
and  reside  in  Mobile,  Alabama. 


38 

And  in  answer  to  cross  interrogatories  proposed 
to  him  by  G.  H,  counsel  for  J  K,  as  follows,  viz.  : 

1st  cross  interrogatory,  etc. 

(Signed)  A B . 

State  of  Alabama,  County  of  Mobile,  ss  : 

At  Mobile,  in  said  county,  on  the 
day  of  A.  D.  186   ,  before  me,  per- 

sonally appeared  the  above  named  A  B,  and  made 
oath  that  the  foregoing  deposition,  by  him  subscribed, 
contains  the  whole  truth  and  nothing  but  the  truth. 

The  said  deposition  is  taken  at  the  request  of  E 
'F,  to  be  used  upon  the  hearing  of  an  interference 
between  the  claims  of  the  said  E  F  and  those  of  J 
K,  before  the  Commissioner  of  Patents  of  the  Con- 
federate States,  at  his  office,  on  the  day  of 
next.  The  said  J  K  was  duly  notified, 
.as  appears  by  the  original  notice  hereto  annexed, 
.and  certified  by  me. 

L M , 

Justice  of  the  Fcace. 

The  magistrate  must  then  seal  up  the  deposition 
when  completed,  and  endorse  upon  the  envelope  a 
certificate,  according  to  the  form  prescribed  in  sec- 
tion 75,  and  sign  it. 

RULES  OF  CORRESPONDENCE. 

81.  All  correspondence  must  be  in  the  name  of 


i 


39 

the  Commissioner  of  Patents ;  <and  all  letters  and 
other  communications  intended  for  the  office  must  be 
addressed  to  him.  If  addressed  to  any  of  the  other 
officers,  they  will  not  be  noticed,  unless  it  should 
be  seen  that  the  mistake  Avas  owing  to  inadver- 
tence. 

82.  When  an  agent  has  filed  his  power  of  attor- 
ney, duly  executed,  the  correspondence  will,  in  or- 
dinary cases,  be  held  with  him  only.  A  double  cor- 
respondence with  him  and  his  principal,  if  generally 
allowed,  would  largely  increase  the  labor  of  the 
office.  For  the  same  reason,  the  assignee  of  the  en- 
tire interest  in  an  invention  will  b3  alone  entitled  to 
hold  correspondence  with  the  office,  to  the  exclusion 
of  the  inventor.  If  the  principal  becomes  dissatis- 
fied, he  must  revoke  his  poAver  of  attorney,  and  no- 
tify the  office,  wdiich  will  then  communicate  with 
him. 

OF  THE  FILING  AND  PRESERVATION  OF  PAPERS. 

83.  All  claims  and  specifications  filed  in  this 
office  (including  amendments)  must  be  written  in  a 
fair,  legible  hand,  without  interlineations  or  era- 
sures, except  such  as  are  clearly  stated  'in  a  mar- 
ginal or  foot  note  written  on  the  same  sheet  of  pa- 
per. If  they  are  not,  the  Commissioner  may  direct 
them  to  be  printed  at  the  expense  of  the  applicant, 
(Sec.  38.) 


40 

84.  Every  paper  filed  in  the  office  must  be  en- 
dorsed in  such  a  manner  as  to  show  its  general  cha- 
racter on  the  outside.  It  must  also  show  the  exact 
date  on  which  it  was  filed.  But  where  several  papers 
which  are  all  filed  at  one  and  the  same  time,  are  per- 
manently fastened  together,  one  *'  filing"  for  the 
whole  will  be  sufficient. 

Letters  going  on  the  files  of  any  particular  case 
must,  in  addition  to  the  filing  above  directed,  be  en- 
dorsed with  the  name  of  the  writer  and  date  when 
written. 

(The  above  rule  is  intended  for  the  guidance  of 
the  employees  in  this  office  alone.) 

85.  All  papers  thus  *'  filed"  will  be  regarded  as 
permanent  records  of  the  office,  and  must  never,  on 
any  account,  be  changed,  further  than  to  correct 
mere  clerical  mistakes. 

OF  AMENDMENTS. 

86.  All  amendments  of  specifications  or  claims 
must  be  made  on  separate  sheets  of  paper  from  the 
original,  and  must  be  filed  in  the  manner  above  di- 
rected. 

Where  amendments  are  required,  the  papers 
themselves  will  be  generally  returned  to  the  appli- 
cant ;  but  it  will  be  only  to  enable  him  to  make 
those  amendments  so  as  to  be  in  harmony  with  the 


41 

context.  Even  where  the  amendment  consists  in 
striking  out  a  portion  of  the  specification  or  other 
paper,  the  same  course  should  be  observed.  No  era- 
sure must  be  made.  The  papers  must  remain  for- 
ever just  as  they  were  when  filed,  so  that  a  true 
history  of  all  that  has  been  done  in  the  case  may 
be  gathered  from  them. 

87.  The  following  are  given  as  specimens  of  the 
forms  proper  to  be  observed  in  such  cases  : 

**  I  hereby  amend  my  specification,  by  inserting 
the  following  words  after  the  word  in 

the  line  of  the  page  thereof;  [here 

should  follow  the  words  that  are  to  be  inserted]  or, 
*'  I  hereby  amend  my  specification,  by  striking  out 
the  line  of  the  page  thereof;"  or  ^'  by 

striking  out  the  first  and  fourth  claims  appended 
thereto  ;"  or  whatever  may  be  the  amendment  de- 
sired by  the  applicant. 

88.  The  forms  of  other  amendments  will  readily 
suggest  themselves.  In  each  case  the  exact  words 
to  be  struck  out  or  inserted  should  be  clearly  de- 
scribed, and  the  precise  point  where  any  insertion 
is  to  be  made. 

89.  Where  papers  are  returned  to  the  applicant 
for  amendment,  the  original  papers  must  in  all  cases 


42 

be  returned  to  the  office  for  preservation,  together 
with  the  amendments. 

90.  In  some  cases  amendments   will  be  permitted    1 
to  be  made  by  writing  out  the  entire  paper  anew ; 
but  even  when  this  is  done,  the  original  paper  must 
be  returned  and  preserved. 

91.  No  paper  will  be  allowed  to  be  taken  from  this 
office  unless  receipted  for,  or  unless  a  written  re- 
quest be  filed  by  the  party  entitled  to  control  the 
case,  nor  until  all  interlineations  and  erasures  are 
clearly  noted  on  the  paper  in  such  manner  as  to  pre- 
vent the  possibility  of  any  change  being  made  with- 
out the  certainty  of  immediate  detection. 

RULES  FOR  RECONSIDERATIOX. 
The  fallowing  rules  will  be  strictly  observed,  ex- 
cept when,  for  cause  shown,  in  special  cases,  a  modi- 
fication shall  be  allowed  : 

92.  Upon  the  rejection  of  an  application  for  a  pa- 
tent for  the  want  of  novelty,  the  applicant  will  be 
furnished  with  references  to  the  cases  on  which  the 
rejection  was  made,  and  with  a  brief  explanation  of 
the  rejection. 

Previous  to  the  second  examination  of  any  case 
which  has  once  been  rejected,  the  applicant  must  re- 
new, in  substance,  the  oath  originally  filed  with  his 
specification. 


43 

But  the  applicant,  without  renewing  liis  oath,  may 
come  before  the  proper  examiner,  between  two  and 
three  o'clock  P.  M.  on  any  Monday,  Wednesday  or 
Friday  of  the  week,  and  may  then  point  out  any 
mistake  or  oversight  on  the  part  of  the  office,  Avhich 
will  be  cheerfully  corrected ;  but  if  the  alleged  er- 
ror of  which  he  complains  is,  in  tlic  judgment  of  the 
examiner,  upon  the  merits  of  the  application,  and 
can  only  be  made  apparent  by  a  re-examination  of 
the  case,  the  applicant  cannot  be  heard  to  insist 
upon  its  correction,  without  a  renewal  of  the  oath 
of  invention. 

Should  there  be  a  second  rejection  after  a  re-ex- 
amination, the  applicant  may  in  person  or  by  his 
agent,  or  in  writing,  bring  the  matter  before  the 
Commissioner,  who  will  examine  the  case  in  person. 
The  decision  of  the  Commissioner  will  bo  final,  so 
far  as  the   action  of  this  office  is  concerned.     The 
only  remaining  remedy  will  bo  by  appeal  to  the  At- 
torney General. 
OF  GIVING  OR  WITHHOLDING  INFORMATION. 
93.  Aside  from  the  caveats  which  are  required  by 
law  to  be  kept  secret,  all   pending  applications  will 
be,  as  far  as  practicable,  preserved  in  like  secrecy. 
No  information  will  therefore  be  given  to  those  en- 
quiring whether  any  particular  application  for  a  pa- 


44 

tent  is  before   tlie  office,  or  whether  any  particular 
person  has  applied  for  a  patent. 

94.  But  information  will  be  given  in  relation  to 
any  case  after  a  patent  has  issued,  or  after  a  patent 
has  been  refused,  and  the  further  prosecution  of  the 
application  is  abandoned. 

The  models  in  such  cases  will  be  so  placed  as  to 
be  subject  to  general  inspection.  The  specifications 
and  drawings  in  any  particular  case  can  be  seen  by 
any  one  having  particular  occasion  to  examine  them; 
and  copies  thereof,  as  well  as  of  patents  granted, 
will  be  furnished  to  any  one  willing  to  pay  the  bare 
expense  of  making  them.  Copies  will  be  made  on 
parchment,  at  the  request  of  the  applicant,  upon  his 
paying  the  additional  cost. 

95.  Even  after  a  case  is  rejected,  the  application 
will  be  regarded  as  pending  until  after  the  decision 
of  an  appeal  thereon  ;  but  if  a  party  whose  appli- 
cation is  filed,  shall  fail  to  complete  it,  so  that  it  can 
be  examined  within  two  years  after  the  filing  of  the 
petition,  it  Avill  be  regarded  as  abandoned,  and  the 
invention  to  which  it  refers  dedicated  to  the  public, 
unless  it  be  shown,  to  the  satisfaction  of  the  Com- 
missioner, that  such  delay  was  unavoidable ;  and  all 
applications  pending  prior  to  the   21st  May,   1861, 


45 

the  day  of  the  passage  of  the  patent  law,  will  be 
treated  as  if  filed  thereafter.     (Sec.  42.) 

96.  In  all  cases  where  the  specification  shall  be 
withdrawn  from  the  ofiice,  and  retained  by  the  appli- 
cant or  his  agent  for  the  space  of  six  months,  an 
abandonment  will  be  presumed,  at  least  so  far  that 
the  invention  to  which  it  relates  will  not  be  protect- 
ed by  any  rule  of  secrecy. 

97.  Information  in  relation  to  pending  cases  will 
be  given  so  far  as  it  becomes  necessary  in  conduct- 
ing the  business  of  the  office,  but  no  further.  Thus, 
when  an  interference  shall  be  declared  between  two 
pending  applications,  each  of  the  contestants  will  be 
entitled  to  a  knowledge  of  so  much  of  his  antago- 
nist's case,  as  to  enable  him  to  conduct  his  own  un- 
derstandingly. 

And  where  the  rejection  of  an  application  shall 
be  founded  upon  another  case  previously  rejected, 
but  not  abandoned,  the  rejected  applicant  will  be 
furnished  with  all  information  in  relation  to  the  pre- 
viously rejected  case  which  is  necessary  for  the  pro- 
per understanding  and  management  of  his  own. 

98.  When  an  applicant  claims  a  certain  device, 
and  the  same  device  is  found  described  but  not 
claimed  in  another  pending  application  which  was 
previously  filed,  information  of  the  filing  of  such 


46 

second  application  will  always  be  given  to  tlie  prior 
applicant,  with  a  suggestion  that  if  he  desires  to 
claim  a  patent  for  that  device,  he  should  forthwith 
modify  his  specification  accordingly. 

99.  But  where  the  application  which  thus  describes 
a  device  without  claiming  it  shall  be  subsequent  in 
date  to  that  wherein  such  device  is  claimed,  the  gene- 
ral rule  will  be  that  no  notice  of  the  claim  in  the 
previous  application  will  be  given  to  the  subsequent 
applicant.  But  v/here  there  any  special  reasons  to 
doubt  whether  the  prior  applicant  is  really  the  in- 
ventor of  the  device  claimed,  or  where  there  are  any 
other  peculiar  and  sufficient  reasons  for  departing 
from,  the  rule  above  stated,  the  office  reserves  to  it- 
self the  right  of  so  doing  without  its  being  re- 
garded as  a  departure  from  the  established  rule. 

100.  The  office  cannot  respond  to  enquiries  as  to 
the  novelty  of  an  alleged  invention,  in  advance  of 
an  application  for  a  patent  in  manner  pointed  out  in 
this  pamphlet,  for  obvious  reasons;  nor  to  enquiries 
founded  upon  brief  and  imperfect  descriptions  pro- 
pounded wuth  a  view  of  ascertaining  whether  such 
alleged  improvements  have  been  patented ;  and  if  so, 
to  whom ;  nor  can  it  act  as  an  expounder  of  the  pa- 
tent law,  nor  as  counsellor  for  individuals,  except  as 
to  questions  arising  within  the  office. 


47 

101.  All  business  with  the  oflficc  must  be  trans- 
acted in  rrriting,  unless  by  the  consent  of  all  par- 
ties, and  the  action  of  the  office  will  be  based  exclu- 
sively on  the  written  record.  No  attention  will  be 
paid  to  any  alleged  verbal  promise  or  understanding 
in  relation  to  which  there  is  any  disagreement  or 
doubt.  RUFUS  n.  RHODES, 

Commissioner  of  Fate  ids. 
Confederate  States  Patent  Office,  August,  18G1. 


IISTIDEX. 

Sections. 
Amendments. 

Of  specifications  or  claims,  how  made  and 

filed, 86 

Forms  of  amendments,         -  -  -       87,  88 

Original  papers  with  amendments  must  be 

returned  to  office,  -  -  -  89 

Amendments  made  by  writing  out  papers 

anew,  -----  90 

"Where    papers    returned  for  amendment, 

precautions  to  be  used,    -  -  -  91 

Appeals. 

Applicant  may  appeal  to  Commissioner  af- 
ter second  rejection  by  examiner,  -  33 
Mode  of  appeal,        -            -            -            -  34 

Application  for  Patent.     (See  Patent.) 

Assignments. 

Of  entire  interest  before  patent  granted,  61 

Assignments  for  specified  portions  of  Con- 
federate States  after  patent  granted,       -  62 
When  to  be  recorded,          -            -            -           .63 
When  patent  is  to  issue  in  name  of  assignee 

the  correspondence  should  be  in  his  name      64,  82 

Receipt  of,  not  generally  acknowledged,    -  65 

"When  returned  to  persons  entitled  to  them  65 

By  whom  an  assignment  of  United   States 

patent  may  be  continued  in  force,  and  for 

what  term,  -  -  -  _  66 


Sections. 
"What  necessary  to    be    done  to  continue 

them  in  force,         -  -  -  -  G6 

Fees  requii^ed  in  such  cases,  -  -  66 

Form  of  assignments,  -  -  -  67 

Attorney  or  Agent. 

Not  recognized  as  such  until  power  is  filed,  28 

Caveats. 

Who  maj  file  a  caveat,         -  -  _  51 

Fee,  amount,  and  when  paid,  -  -      68,  51 

Cannot  be  applied  to  complete  application,  58 

When  caveator  is  entitled  to  notice  to  com- 
plete  his  application   and  go  into  inter- 
ference,     -  -  -  -  -  51 
When  not  entitled  to  notice,             -             -  52 
May  renew  his  caveat  from  year  to  year  by 

paying  additional  fees,      -  -  -  52 

Description  required  in  caveat,      -  -  53 

Caveat  papers    once  filed  cannot  be  with- 
drawn or  altered,  -  -  -  54 
Additional  papers  may  be   appended,  date 

being  noted,  when  -  -  -  5-1 

AYhen  right  to  notice  expires  in  regard  to 
subject  of  papers  filed  supplementary  to 
original  caveat,      -  -  -  -  55 

Additional  papers  not  relating  to  invention 

of  first  caveat,  how  treated,         -  -  55 

Who  may  obtain  copies  of  caveat  papers,  66 

Should  be  accompanied  by  a  drawing  or 

sketch,        -----  57 

Form  of  caveat,         -  -  -  -  59 

Correspondence. 

All   correspondence    in   the    name  of  the 

Commissioner,        -  -  -  -  81 

Correspondence    with   principal    or  agent 
not  admissable,         -  -  -  -  82 

4 


Ill 


Sections. 


Designs^ 


Application  for  patent,  how  made,  -  46 

May  be  for  diflcrent  terms  of  years,  -  46 

Forms  of  petition,  specification  and  oath,  47 
Fee  for  three  and  one-half,  for  seven,  and 

for  fourteen  years,  -  -  -  65 

No    model    required,   if  the  design  can  be 

sufficiently  represented  by  drawings,     -  46 

Disclaimer. 

When  filed, 44 

Form  of,  -----  45 
When  made  by  original  patentee  must  be 

so  expressed,         -            -            -            -  45 

Drawings.     What  kind  required  -  19 

Examination. 

Applications  will  be  examined  in  the  order 

in  which  they  are  completed,       -  -  26 

Exceptions,  -----  26 

Amendments    of    defective    specifications 

and  drawings,        -  -  -  -  27 

Personal  attendance  of  applicant  not  ne- 
cessary,     .  -  -  ~  »  28" 
Attorney  must  file  power,  -            -            -  28 
When    application  finally  decided  papers 

retained  by  the  office,      -  -  -  29 

Copies,  on  what  terms  furnished,  -  -  29 

Patent,  to  whom  sent,  -  ,  -  30 

Fees,  Office,  and  how  payable. 

Fees  required  to  be  paid  in  advance,          -  68 

Tariff  of  fees  fixed  by  law,  -  -  68 
Advisable  to  deposit  fee  with  authorized 

officer^        -           -            -           -           -  .        68 

Money  t6  coVer  postage  to  be  dejiOsited,  6^ 


IV 

Sections. 


> 


May   be   remitted  by  mail  or  express  at 

risk  and  cost  of  owner,  -  -  70 

Letter  should  state  amount  enclosed,         ,  70 

Duplicate  receipt,  when  required  and  what 

specifying,  .  .  _  .  y^ 

Officers    authorized   to  receive  fees  on  ac- 
count of  Treasurer  of  C.  S.  A.,  _  24 
Certificate  of  deposit,  form  of,         -             -  71 
Certificate  to  be  forwarded  to  office,           -             71 
All  money  sent  by  mail  at  risk  of  owner,             72 
Money  not  to  be  enclosed  with  model,      -             72 
All  payments  to  be  in  specie,  or  C.  S,  Trea- 
sury Notes,            _             _             _             ^             y^ 
Filing  and  Preservation  of  papers. 

Claims,  specifications  and  amendments  filed, 

how  written,  -  _  _  _  ^o 

Mode  of  endorsement  of  papers  filed,         -  84 

Papers  filed  regarded  as  permanent  records  85 

Only  changed  to  correct  clerical  mistakes,  85 

Foreign  Patents.     (Sec  Patents  Foreign.) 

Information,  giving  or  withholiding. 

Pending  applications,  how  far  secret.  -  03 

Given  in   case  of  patent  issued  or  patent 

refused   and  application  abandoned,        -  94 

When  models,  specifications  and  drawings 

open  to  inspection,  -  -  -  94 

How  long  application  regarded  as  pending 

after  rejection,       -  -  -  -  95 

When  information  given  in  pending  cases,  97 

When  interference  is  declared  between  two 

pending  cases,        -  -  _  _  q^ 

When  rejection   is  founded  upon  case  pre- 
viously rejected  but  not  abandoned,       -  97 
When  device  is   found   described,    but  not 
claimed  in  pending  application  previous- 
ly filed,      -             -            -            _            _            98 


Sections. 

General  rule  where  application  describing 
device  is  subsequent  in  date  to  one  in 
which  device  is  claimed,  -  -  99 

^  Exceptions  to  general  rule,  -  -  99 

All  business  should  be  transacted  in  writing         101 

Action   of    office  to    be  based  on  written 

record         _____  101 

No  attention  paid  to  alleged  verbal  pro- 
mises, etc.,  _  _  _  _  101 

Office  cannot  respond  to  questions  in  ad- 
vance of  application  for  patent,  nor  act 
as  an  expounder  of  the  law  nor  as  coun- 
sellor,   100 

Interferences. 

When  granted,  _  -  -  -  35 

Days  fixed  for  closing  testimony  and  hear- 
ing causes,  _  _  _  _  35 

Arguments  of  counsel  to  be    filed  before 

day  of  hearing,      -  -  _  -  36 

Course  pursued  when  postponement  is  de- 
sired, _____  37 

Models. 

"When  required,        -  -  -  20 

Officers  authorized  to  receive  Fees. 

Assistant  C.  S.  A.  Treasurer  and  others,  21 

Patent. 

What  will  prevent  the  granting  of  a  patent,  7 

The  mere  fact  of  a  prior  invention  abroad 

will  not  prevent  the  issue  of  a  patent,     -  8 

Mode  of  proceeding  to  obtain  a  patent,     -  9 

Application,  by  whom  made,  _  _  9 

Must  be  in  writing,  signed  by  inventor  and 

addressed  to  Commissioner,         -  -     .        10 

Petition,  usual  form  of         -  -  -  10 


VI 


Sections. 
Specification,  '.  "  n 

The  precise  invention  must  beset  forth  in,  11 

When  claimed  as  a  mere  improvement  on, 
or  as  substantially  differing  from  another 
invention,  -  -  -  -  11 

Two  or  more  machines  not  to  be  the  sub- 
ject of  one  patent,  -  -  -  12 
By  whom  signed,      -             -             -             -  13 
Should  describe  the  sections  of  drawings, 
and  refer  by  letters  and  figures  to  the 
different  parts,       -             -             -             -             13 
Forms  of,       •             -             -             -             -  13 
Should  be  signed  and  attested,         -            -             14 


Oath, 


Who  must  make,       -            -   .         -            -  IG 

Form  of         -----  15 

Before  whom  it  may  be  taken,         -             -  10 

When  taken  in  a  foreign  country,  -             -  17 

Drawings,      -             -             -             -             -  18 

Should  generally  be  in  perspective,             -  18 

When  in  plans,  sections  or  details,             -  18 

Duplicate  drawings  required,           -             -  19 

How  executed,           -            -            -            -  19 

Should  be  signed  and  attested,        -            -  19 

Model,             -             -             _             -             .  19 

How  made,    -----  20 
The  name  of  inventor  (also  of  assignee,  if 

assigned)  must   be    permanently  affixed,  20 
When  the  invention  is  of  a  composition  of 

matter,  what  required.     -             -             -  21 
Name  to  be  affixed.                -             -             -  21 
What   required  before  the  filing  or  exami- 
nation of  an  application  is  allowed,         -  23 
Patent — Foreign. 

A    foreign   patent  subsequently    obtained 

does  not  injure  a  previous  patent  here,  -  48 


Vfl 


Sections; 

The  taking  out  a  patent  in  a  foreign  coun- 
tr}'-  does  not  prevent  the  obtaining  a  pa- 
tent here,  provided,  -  _  _  8 

A  patent  subsequently  obtained  here  ex- 
tends from  date  of  foreign  patent,  -  40 

In  case  of  foreign  patent  application  here 

acted  on  as  soon  as  it  is  completed,         -  57 

Course  to  ])e  pursued  when  applicant  seeks 

to  make  his  a  preferred  case,       -  -  50 

No  discrimination  as  to  fees  against  foreign 

applicant,  -----  68 

Patentee. 

Who  may  obtain  a  patent,  -             -             -  1 

Assignees  of  entire  interests,         -             -  2 

Legal  representatives  of  deceased  inventor  8 

Masters,  if  the  inventor  be  a  slave,             -  5 

Joint  inventors  entitled  to  joint  patent,    -  4 

Petition.     (See  Patent.) 
Reconsideration,  KuLES  fcr. 

When  application  is  refused  applicant  fur- 
nished with  references  and  explanation,  92 
May  reply   in  person   or  by  agent  before 

examiner,  when,  -  -  -  92 

Oath  to  be  renewed  before  examination,  ^  92 

After  second  rejection  case  heard  by  Com- 
missioner in  person,  -  -  -  92 
Decision  of  Commissioner  final  as  to  office             92 
Final  remedy  by  appeal  to   the    Attorney 

General,    -----  92 

PtEISSUES, 

When  allowed,          -             .             -  .,  38 

What  may  be  the  subject  of  reissue,  -  39 

AVhen  reissued  patent  expires         -  -  40 

Original  claim  may  be  revised,        -  -  .        41 


VIII 


Sections. 
Applicant  may  retain  old  patent,  -  42 

Form  of  application  for  reissue,     -  -  43 

Form  of  oath,  -  -  -  -  43 

Repayment  of  Money. 

What  money  ^Yill  be  refunded,        -  -  GO 

Secret  Archives. 

How  long  an  application  on  which  a  patent 
has  been  ordered  to  issue  may  be  re- 
tained in,  from  day  of  such  order,  -  31 

Specifications  and  drawings  to  be  retained 

in,  when,    -  -  -  -  -  31 

Specification.     (Sec  Patent.) 

Testimony,  taking  and  transmitting. 

Clerks  of  courts  to  issue  subpoena,  -  74 

Judge  to  enforce  obedience  to  summons,  -  74 
AVitness  not   compelled  to   go  more   than 

fort}'-  miles,             -            -            -            -  74 
Nor  unless  certain  fees  are  paid  to  him,    -  74 
Not  required  to  declare  secret  inventions,  74 
Ftules  for   taking    and    transmitting    testi- 
mony,        -             -             .             -             .  75 
Notice  to  opposite  party,     -            -            -  75 
Evidence,  &c.  sealed  and  addressed  to  Com- 
missioner,              -            -            -            -  75 
No  evidence  to  be  considered,  when,          -  75 
Form  of  certificate    of  magistrate  for  en- 
velope,      -            -            _            _            -  75 
Notice,  service  of,    -            :             -            -  76 
Notice  must  be  annexed  to  deposition,       -  70 
How  testimony  to  be  taken,             -            -  77 
Deposition  must  be  signed  by  witness,      -  77 
Certificate  of  magiBtrate  appended  tb  deptj- 
^iti(5n,        ...           *           .  78 


IX 


Sections. 

Technical  objections,  how  noticed  at  hear- 

ing,              -            -            -            -            -  79 

Forms  to  be  observed  in  taking  depositions  80 

Form  of  certificate  of  magistrate  to  be  ap- 
pended to  deposition,         -             -             -  §0 

Deposition  must  be  sealed  up  and  endorsed  80 

United  States  Patents  and  Assignments 

Can  be  revived  only  by  citizens  of  Confe- 
derate States,         -  -  -  -         0, 66 
Conditions  on  which  they  may  be  revived,         0,  66 

Witnesses. 

How  subpoenaed  and  their  attendance  en- 
forced,       -----  74 


